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Morning News

Florida Judge Grants Temporary Custody of Elian Gonzalez to Great Uncle

Aired January 11, 2000 - 9:01 a.m. ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

DARYN KAGAN, CNN ANCHOR: We begin with the latest twist in the custody battle over Elian Gonzalez. Just days before U.S. Immigration officials wanted him returned to Cuba, a Florida judge has ruled that the 6-year-old should remain in the U.S. at least until March.

CNN's Susan Candiotti has more on the implications of that ruling.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): As some of the best-known anti-Castro exile leaders listened from the front row, Judge Rosa Rodriguez granted temporary custody of Elian Gonzalez to his great uncle.

JUDGE ROSA RODRIGUEZ, MIAMI-DADE CIRCUIT COURT: If emergency relief is not granted and Elian is returned to Cuba, he would be subject to imminent and irreparable harm, including loss of due process rights and harm to his physical and mental health.

CANDIOTTI: The elected judge, who is not Cuban American, set a full hearing on the custody issue for March 6 and ordered Elian's father be notified in Cuba and given an opportunity to appear. Failure to appear, the judge said, may mean an adverse outcome for him. Attorneys for the youngster said they got what they wanted: a day in court.

SPENCER EIG, GONZALEZ FAMILY ATTORNEY: Now, under the laws of the United States, not under the laws of Cuba, Elian Gonzalez has a spokesman, someone to speak for him, Lazaro Gonzalez.

CANDIOTTI: According to a family spokesman, relations between the boy's great uncle and his nephew, Elian's father, are strained. The Miami relatives insist Juan Miguel Gonzalez must come to Miami and talk to them if he wants his son back.

Political activists who claim Elian is a victim of Castro's Cuba hailed the court ruling.

JORGE MAS SANCHEZ, CUBAN AMERICAN NATIONAL FOUNDATION: And today's a day that is a victory for America, a victory for justice and a victory for freedom. CANDIOTTI: Legal experts argue a state ruling has no jurisdiction in a federal case. U.S. Immigration has ruled Elian's father has sole legal authority to speak for his son.

IRA KURZHAN, IMMIGRATION ATTORNEY: The question is: Will the administration step forward and enforce the rule of law, or will they just allow the political process to take over?

CANDIOTTI: While the legal wrangling went on, Elian completed his third day in a private school, beginning to learn English.

(END VIDEOTAPE)

CANDIOTTI: The ball is now in the court of U.S. Immigration. It is expected to weigh in as early as today about what this state judge had to say. A U.S. Immigration official tells CNN that the ruling is not unexpected, but experts say this does set up a battle over who has legal precedence here: U.S. Immigration or state authorities.

Susan Candiotti, CNN, reporting live in Miami.

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